Flumgio Technology Inc. filed a complaint against La Carbonella Wholesale and the group of individuals involved with the California corporation, alleging the defendants of unfair competition, false advertising, and trademark infringement.
The plaintiff is the owner of rights to the registered design mark “FLUM” in connection to the sale of flavored electronic cigarette liquid products; the plaintiff filed the mark for registration in April 2021 and received registration in April 2022. According to the complaint, around November 2021, the plaintiff discovered the defendant had filed a similar mark to the United States Patent and Trademark Office to be used in connection with their (i.e., the defendant’s) sale of flavored electronic cigarette liquid products.
The plaintiff’s mark:
The defendant’s mark:
The complaint alleges that the defendant used a similar mark to the plaintiff to intentionally deceive customers into purchasing the defendant’s products. The complaint also asserts that if the defendant is permitted continued use of the similar mark, the confusion caused to customers will financially harm the plaintiff’s business. According to the complaint, the plaintiff served the defendants with a cease and desist letter around December 2021; however, they have received no response.
The plaintiff seeks the following for relief: injunctive relief, an order for the defendant to cease the marketing and sale of all infringing products, an order for the defendant to deliver for impoundment all the infringing products, disgorgement of the defendant’s profits, and awards of damages to the plaintiff.
The plaintiff is represented by Ardent Law Group P.C..
